DOI: 10.1111/rec3.

12290

ARTICLE

Jews in 6th and 7th century legal texts from Spain

and Gaul: A few observations
F.J. Elizabeth Boddens Hosang

Tilburg School of Catholic Theology, Tilburg

University, The Hague, The Netherlands
Correspondence
F.J. Elizabeth Boddens Hosang, Tilburg School
of Catholic Theology, Tilburg University The
Hague, The Netherlands.
Email: e.boddenshosang@planet.nl
Funding information
Ramselaar Fund (Catholic Fund for research on
Jewish‐Christian Relations); ICCI (Inter‐Church
Contact Israel)
Abstract
Fourth to sixth century legal texts from Spain aimed at dis-
couraging Christians from too close contacts with Jews,
suggesting that contacts between Christian and Jewish
faithful remained close. However, in 6th to 8th century,
Spain laws became virulently anti‐Jewish. The question is
of course, why did the lawmakers at this time in Spain turn
against Jews? And what was the situation like in other
regions, for example, in neighboring Gaul? Previous
research has not yet provided adequate answers to these
questions, which this article will attempt to clarify.

1 | I N T RO DU CT I O N

That Christianity and Judaism share the same background is relatively well known. The gradual separation into two
separate entities, however, was a much more complicated and lengthy process than what is often suggested. This
process of separation has, in previous years, been the focus of scholarly attention. The split between Judaism and
Christianity did not come about simply or quickly. It was a complex process which took several hundreds of years
and had different causes and effects depending on whether it is looked at from the point of view of Judaism or Chris-
tianity. Further, the question of legal status of Christians and Jews in the Roman and later Christian empires also had
a relationship to the issue.
The negative view of Jews in Christian written sources was one effect in this process of separation.1 Jews were
considered responsible for the death of Jesus Christ and misunderstood for not accepting Jesus as the Messiah. In an
earlier study, I focused on the developing relations between Christians and Jews in the fourth to early sixth century,
based on church legal texts, council documents, from the eastern and western parts of the Mediterranean.2 The laws
aimed at coaxing Christians away from too close contacts with Jews suggesting that “on the ground” contacts
between Christian and Jewish faithful remained close, and for a much longer period than church leaders preferred
and suggested.3
In the following period, things seem to change. In 6th to 8th century, Spain laws became virulently anti‐Jewish.4
The question is of course, why did the lawmakers at this time in Spain turn against Jews? And what was the situation
like in other regions, for example, neighboring Gaul? In this period, Spain was ruled by Visigothic kings. The rapid suc-
cession of harsh anti‐Jewish laws in Visigothic Spain appears to be different from the neighboring Frankish lands

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https://doi.org/10.1111/rec3.12290
2 of 8 BODDENS HOSANG

where there were no such anti‐Jewish laws. One wonders why this discrepancy. Attempts have been made to explain
why Visigothic law had turned against the Jews, yet no satisfying answers have been found.5 Were these laws based
on an increasing number of Jews, and were Jews considered a threat? And what was the role of the church in these
kingdoms?
Any reconstruction of the legal situation of Jews in the Visigothic and Frankish period is limited, as available
sources are mostly Christian texts: written by church fathers, who usually use polemical language when discussing
Jews and Judaism, and legal texts from state and church law. On their own, these texts and laws are insufficient
for the reconstruction of Christian–Jewish relations.6 However, when studied in combination with other types of
sources such as archeological remains, the picture becomes more complete. In this study, available source materials
will be used to attempt answering the question why such an increase in laws against Jews was deemed necessary in
Visigothic Spain, but less so in neighboring Gaul.

2 | VISIGOTHIC SPAIN

By the early sixth century, Spain and southern Gaul (Narbonensis) were ruled by Visigothic kings.7 It appears that
there were Jews living in Spain since the early first century. Under the Roman Empire, the communities grew rapidly.
They witnessed the conversion of the inhabitants of the Iberian Peninsula to Christianity, so the Council of Elvira (in
306) deemed necessary to address the situation of close contacts between members of the two faiths.
The arrival of the Goths in the fifth century changed the face of Spain. By the early sixth century, Spain and
southern Gaul (Narbonensis) were ruled by Visigothic kings. From their court in Toledo, they attempted to restore
Hispanic unity, initially on the religious plane, through the conversion of their king Reccared, originally an Arian, to
orthodox Christianity in 589. It seems that before Reccared's conversion to Christianity, Jews had received less atten-
tion from church and state authorities, than after the conversion.8
Archeological evidence for Jews in sixth and seventh century Spain and Narbonensis is sparse.9 Literary evidence
can be found in the writings of bishops Isidore of Seville and Julian of Toledo,10 and in the numerous state and church
laws. The laws on Jews can be dated between 589 (third council of Toledo)11 and 711 (the Arab Conquest).12
Reccared had established relative peace on the northern borders, and this peace and unity he now wished to
ensure within the borders as well.13 At the third council of Toledo, he claimed to have established orthodox Chris-
tianity in Spain. This, he believed, only enhanced unity and therefore peace.14
From this point onwards, the councils meeting at Toledo aimed at excluding Jews from society, eventually even
expelling them from Spain (Toledo XII, 681). From the period of the Visigothic king Sisebut who ruled Spain from 612
to 621, Jews were forced to convert to Christianity,15 but at the fourth council of Toledo in 633, bishop Isidore of
Seville turned against the practice of forced baptism. He was concerned about the correct application of conciliar
measures in the process of establishing Christianity in Spain and forced baptism was not the way to encourage
proper conversions.16
The councils which were held at Toledo in 638 (VI), 653 (VIII), 655 (IX), and 656 (X) all seemed to repeat what has
been said before.17 In the opening statement of the XII council of Toledo (681), king Erwig, who ruled Spain from 680
to 687, implored the bishops to “eradicate from its roots the plague of the Jews” and accept the new laws promul-
gated by the king against the Jews.18 The laws forbade Jews to return to their original faith after they had been bap-
tized. Jews who had not yet converted were not allowed to celebrate their feasts, follow their dietary laws,
circumcise, work on Sundays, nor marry without a priest's blessing. They even had to present themselves regularly
before the local bishop or priest. Jews were no longer allowed to follow their religious customs, or go about freely
any more. However, they were not allowed to emigrate either (Toledo XII, canon 9). At the seventeenth council of
Toledo, convoked in 694, Egica accused the Jews of conspiring with co‐religionists abroad against Christian rule.19
So much for church law. State law followed a similar development. Under king Recceswinth, who ruled from 649
to 672, a new state law code had been issued, which was called the Laws of the Visigoths, the Leges Visigothorum, or
BODDENS HOSANG 3 of 8

LV.20 It added new measures against Jews.21 The Laws of the Visigoths finally stated that Jews were to be forcibly
baptized, or else be shorn, flogged, and sent into exile (12.3.3). They must at all times be able to show a signed con-
fession of Christian faith and repudiation of Judaism (12.3.14). The LV also stated that the bishops should give each
Jew a copy of book 12 of the Visigothic Laws (LV 12.3.28). It was not until after the Muslim conquest in 711 that
Jewish life in Spain was restored.

3 | FRANKISH KINGDOMS

The post‐Roman Frankish kingdoms of Gaul were ruled by the Merovingian kings and had been united under Clovis I
(c.466–511) who had converted to orthodox Christianity somewhere between 495 and 506.22
In Gaul as well, there is very little material evidence for Jews in this period.23 Occasional references to Jews
occur in Christian literature, mostly hagiographies, where Jews provide a mostly negative example, exemplifying
the holiness of a bishop who succeeded converting them.24
There are several references to Jews in canon law.25 The topics addressed are the same as in the 4th and 5th
centuries26; however, a few new subjects are addressed.27
Late sixth to seventh century, Merovingian civil laws addressing Jews and their contacts with Christians are the
sixth century “Law of the Burgundians” and the “Roman Law of the Burgundians.”28 The Law of the Burgundians pro-
hibits Jews from laying a hand on a Christian.29 The punishment is harsh: should a Jew raise his hand against a
Christian his hand will be cut off, should he ward off a priest, he is to be executed. The Law of the Burgundians
was still based on the Theodosian Code.
Contrary to the close relations between church and state law in the Visigothic kingdom, in Gaul, there is only one
clear example of a similar close cooperation between church and state. At the council of Paris (held in 614), Jews
were warned not to occupy any public functions. This is repeated literally in the Edict of king Chlothar II.30 It seems
therefore that a king who sought to strengthen his position, adapted church legislation, thereby extending his control
to church matters as well.31
Legal evidence for Jews in 6th and 7th century Merovingian Gaul suggests a less precarious situation than in
Spain, despite specific restrictions laid on Jews: in Gaul also, Jews were gradually excluded from public functions,
when in positions of influence over Christians (as judges, for example).

4 | DISCUSSION

Following the basic facts just stated, several observations can be made. Political instability can be seen as one pos-
sible cause for the deterioration of the legal position for Jews at this time. In Spain, until the conversion of Reccared,
Arianism was considered the universal faith. Reccared sought to consolidate his power through the unification of the
state. By converting to Catholicism, he strove for unity under one church. Goths were considered defenders of one
religion and state, bringing “Goth and Roman together in a single community”32 against Arians and other non‐Cath-
olics. Consolidation of power through religious unity meant consequences for those who were not Catholic, for
example, Jews.33 Under king Sisebut, who ruled Spain from 612 to 621, the stability of Spain was threatened, and
the Byzantines who had been present in southern Spain were evicted. The king sought to establish peace through
unity. The Jews were accused of collaboration with the enemy, and anti‐Jewish laws were passed. Sisebut considered
himself a Christian ruler and a protector of church and state. He demanded loyalty and considered Jews as politically
dangerous as they had sided with the enemy.34 Jews were a concern and had to be coerced into this unity, hence the
forced baptisms. However, forcing conversion meant many would lapse back into their former religion. This lead to
unrest and more laws.
The Visigothic kings were defenders of faith and land. They enforced peace and unity against threats from out-
side (Byzantine) and inside (Jews) the kingdom.35 Bishop Leander had already stated at the third council of Toledo
4 of 8 BODDENS HOSANG

that Reccared had succeeded in unifying the state.36 Those who were considered “inside” and “outside” Visigothic
society would be defined in terms of orthodoxy and heresy.37 This distinction however was of course not as clear‐
cut. The aim was unity, which came under pressure when under threat, and religious differences threatened this
unity. At the fourth council of Toledo, Isidore of Seville emphasized the unity of the Visigothic state under one Cath-
olic faith. The idea was developed further at Toledo V and VI by implying that all loyal subjects were Catholic.38
This close cooperation between the Spanish church and Visigothic leaders was of influence on the growing num-
ber of anti‐Jewish laws.39
In Gaul, the idea of kings as defenders of faith and land, of peace through unification, was not as central as in
Spain. Furthermore, undoubtedly under the influence of Roman law, the focus in Gaul lay less on eradicating Judaism
though forced conversions but focused more on limiting the interaction between Christians and Jews.
The continuing influence of Roman law is certainly a reason for the differences between Spain and Gaul. Near
the end of his reign in 506, king Alaric II, who ruled Spain from 484 to 507, had published a legal code, known as
the Breviarium Alariciarum (the “Breviary of Alaric”). The Breviarium was heavily inspired by the Theodosian
Code.40 During the reign of Leovigild, who ruled Spain from 525 to 586, we see the first example of territorial
rather than local legislation, meant to enhance royal power through the use of the Breviarium.41 The Breviarium,
following the Theodosian Code, aimed at merely limiting social and religious interaction between Jews and their
neighbors.42 The Breviarium remained in use until 654 when Recceswinth promulgated the Visigothic Laws,
thereby moving away from the Roman legal inheritance. In Gaul, by contrast, the legal system remained influenced
by the Theodosian Code.

5 | C O N CL U S I O N S

It is clear that in Visigothic Spain, Jews appear very large in the minds of the rulers, for political and religious reasons.
Jews were considered enemies of the state and provided a useful negative example. In the seventh century, they
were forced to convert, becoming crypto‐Jews, or they left. After 711, Jews reappeared in Spain. They came mostly
from northern Africa, and they spoke Arabic.43
A too literal interpretation of the Visigothic anti‐Jewish laws has its pitfalls, as Stocking has rightly pointed out.44
The laws probably reflected a situation to strive after, not necessarily the reality. We may therefore conclude that the
Spanish legal situation appears on the whole to be a reflection of the social and religious fears in a developing Chris-
tian identity, influenced by the close cooperation between church and state, and no longer influenced by Roman law.
Jews were symbol for all that was considered evil and dangerous: in canon law, the phrase “Jews, pagans and here-
tics” defined all that is wrong.45 Legislation described Visigothic kings as guardians of the orthodox, Roman and Cath-
olic tradition.46 Other councils during this period in Spain do not address Jews in this way. These were local councils,
held at Barcelona, Merida, Saragossa, and Seville.47 However, Toledo was the seat of royal power and had developed
into the central city of the kingdom. The councils held at Toledo therefore reflected kingdom‐wide policy.48 The pol-
icy developed at these councils reflected national concerns.
Visigothic Spain considered Judaism, and not the Jews, the enemy. There may have been the occasional individ-
ual encounters between Jews and Christians, but the Christian literary evidence for Jews as a whole served for hagio-
graphical, theological, and especially political purpose.49 The occasional encounters with Jews, mostly in and around
Toledo, only served to whet the appetite leading to more and harsher legislation.50

ACKNOWLEDGEMEN TS

With thanks to the support of the ICCI (Inter‐Church Contact Israel) and the Ramselaar Fund (Catholic Fund for
research on Jewish‐Christian Relations).
BODDENS HOSANG 5 of 8

ENDNOTES
1
More recently: Fredriksen and Irshai (2006), pp. 977–1034; Fredriksen (2014), pp. 23–54.
2
Boddens Hosang (2010).
3
Id.
4
Most recently, Tolan (2014); Toch (2013); Bronisch (2005).
5
See, for example, various publications in Tolan (2014).
6
In modern times, laws can be at times a prime source for reconstructing societal development, as the parliamentary sys-
tem, in some countries, includes the rationale behind the law (i.e., why the law was proposed/adopted). With thanks to
Dr. J. F. R. Boddens Hosang, International Lawyer for the Netherlands Ministry of Defense.
7
Barbero and Loring (2005), pp. 167–192.
8
Bachrach (1977), pp. 3–5
9
A 5th/6th c. epitaph from Tortosa (n. 183); from Tarragona, a basin with inscription dating to the same period (n. 185), an
epitaph (n. 186), and a fourth to sixth century epitaph (n. 187). From Narbonne one seventh century epitaph (n. 189). Noy
(1993). Fredriksen (2014), pp. 23–54, on page 44, mentions a possible cache of some Jewish remains recently found. It is
important to take into consideration the fact that archeological evidence for Jews in late antiquity is fraught with prob-
lems: when is an object or site considered to be Jewish, many synagogues were re‐appropriated or destroyed, and what
aims and focus influenced the archeologist. Cf. Walsh (2016), pp. 91–123; Levine (2006), pp. 519–555.
10
Collins (1995), p. 128.
11
Councils of Visigothic Spain: Vives (1963); Thompson (1969), pp. 26–56; Orlandis (1981), pp. 3–92. Secular law had
addressed the situation of the Jews in Alaric II's Breviarium (506), but this was mostly based on the Theodosian Code
and the Novella III. One canon (c. 14) focuses on Jews, “as proposed by the council to the king.” This canon addresses
issues discussed in previous council texts in Spain and Gaul: Jews are not to have Christian wives or concubines, nor pur-
chase a Christian slave, they are not allowed in public functions where they would be in a position to punish Christians,
Christians who have converted to Judaism or who had been circumcised as a slave should be freed and return to the
Christian faith. What is new is that the canon says that the offspring of a marriage between a Jewish father and a Chris-
tian wife should be baptized. As children of Gentile mothers are not recognized as Jewish, the Church would be
interested in having those children baptized. This is therefore not an anti‐Jewish ruling, nor a question of forced baptism.
Linder (1997), pp. 484–485; Juster (1976), pp. 568–569.
12
Tolan (2014) provides a general discussion but without any mention of the paucity in archeological evidence. For the lat-
ter, see Toch (2013), and Sivan (2000), pp. 369–385. For a detailed discussion of the various legal sources, see Bronisch
(2005), Garcia Iglesias (1978), and Juster (1976), pp. 248–287, 391–414, and 563–590. However, these sources do not
address the differences between Gaul and Spain, nor do they mention other source material.
13
Among others, Thompson (1969), pp. 92–98; King (1972), pp. 15–17; and Orlandis (1981), pp. 95–99.
14
Edict of Toledo III: Stocking (2000), pp. 68–71, 76–77.
15
According to Isidore of Seville (560–636), Sisebut had issued an edict at the start of his reign forcing Jews to convert, but
this only exists in Isidore's History of the Goths (1894), p. 291. For a discussion on forced baptism, see Bronisch (2005),
pp. 34–60.
16
Stocking (2000), pp. 134–137. Much has been written on Isidore's views of the Jews and Judaism. Most recently: R.
Stocking review of Drews (2006) and Stocking (2014), pp. 243–265, esp. n. 11 on 245. For a discussion on forced baptism
at Toledo IV and canon 10 of Seville III (624), see Stocking (2014) and Drews (2002), pp. 189–207; Sevilla III, c. 10 can be
found at http://www.pseudoisidor.mgh.de/html/113.htm
17
Esp. Toledo VI, c. 3; Toledo VIII, c. 12 and Toledo X, c. 7.
18
The bishops agreed and canon 9 is the “confirmation of the [civil] laws” and a summary of LV 12. Linder (1997) n. 45 and
89. Also found in the Visigothic Laws, LV 12.2–3.
19
Toledo XVII, c. 8, which caps all previous laws by reducing to slavery all those still found to be practicing Judaism, their
property was to be confiscated and their children above the age of seven to be taken away to be brought up in a Christian
household and eventually married off to Christians. See Juster (1976)), pp. 283–284, for the explanation of the conspiracy
as a figment of Egica's imagination. For Jews' disloyalty and cooperating with the enemy, see also Sharf (1971), pp. 142–
160; Bradbury (2006), p. 514.
20
Linder (1997) n. 45: Jewish laws; LV is published in Zeumer (1902) I. See also, in translation http://www.
documentacatholicaomnia.eu/03d/0506‐0506,_AA_VV,_Leges_Romanae_Visigotorum_[Scott_JP_Curatore],_EN.pdf
21
Jews were forbidden to celebrate Passover (LV 12.2.5), to marry their relatives or follow a non‐Christian marriage rite (LV
12.2.6), to circumcise (LV 12.2.7), or follow their dietary laws (LV 12.2.8), and testify against Christians (LV 12.2.9–10).
They had to submit to the oath as declared at Toledo VI: to follow the Christian faith completely or else be stoned or
6 of 8 BODDENS HOSANG

burnt to death (LV 12.2.11). No Christians were allowed to defend or protect a Jew (LV 12.2.15). Any Christians found
Judaizing were even to be put to death (!) (LV 12.2.16)—a punishment far harsher than any found the fourth to sixth‐cen-
tury Church council ruling against Judaizing Christians. Cf. Boddens Hosang (2010) and Bradbury (2006), pp. 508–516.
22
Barbero and Loring (2005), pp. 172–173; Van Dam (2005), pp. 193–231.
23
Several epitaphs from Bordeaux, Narbonne, Auch, and Arles, dating to the 5th to 9th centuries. Toch (2013) Appendix
Three.
24
Toch (2005), p. 553.
25
For a complete discussion on Church councils and topics addressed in fourth and early fifth century councils in Gaul (and
elsewhere), see Boddens Hosang (2010), pp. 125–166.
26
For example, shared meals between Christians and Jews, Jewish owners of Christian slaves and Jews in positions superior
to Christians (as judges or otherwise), and Jews during the Triduum.
27
The Council of Macon (581–583), canon 2 limits men, clergy, and laypeople from entering monasteries for women (lit.
“girls”). The last sentence mentions that Jews in particular are not allowed to have “secret conversations within the mon-
astery with young women who are consecrated to God, nor be in close contact with them or stay for any business
transactions.” Linder (1997), pp. 473–474. Caesarius of Arles' Rule for Virgins, section 36 states that no man may enter
a women's convent, especially the enclosure, except for a bishop, or clergy saying Mass. Workmen are only allowed when
accompanied by a senior Sister.
28
Lex Burgundiorum and the Lex Romana Burgundiorum: Zeumer (1902).
29
N. 102: Linder (1997), pp. 207–208.
30
Paris c. 17; Edict n. 10. Linder (1997), pp. 478–479.
31
The Edict of Paris mentions that the king was even involved in the ordination of bishops: Halfond (2010), pp. 142–150.
Handley states that council texts from sixth to seventh century Gaul were mostly formulaic and repetitive with little or no
information on specifics. He furthermore states that these councils texts discussed general theological ideas and that
Jews mentioned in the council rulings are only symbolic examples. To underline his argument, Handley uses a seventh
to eighth century collection of canons from Ireland which includes two canons on Jews. These are based on earlier canon-
ical collections. One is directed against all who are not orthodox Catholic, including Jews. The other is a theological
argument that the Jews killed Christ. Contrary to our canons, these examples do not describe a specific situation. Handley
(2000), pp. 239–254, here esp. 241–242. My study of the councils in Gaul has shown that new and specific issues are
addressed at Macon (c. 2 and 14), Paris (c. 17) and Narbonne (c .9, which strictly speaking is Visigothic territory).
32
Toledo III, opening statement; Isidore Hist. Goth. 52–53 (CPL 1204); John Biclar Chron. 85 (CPL 2261); Paul the Deacon,
Lives of the Fathers of Merida, 9:7 (CPL 2069). Toch (2005), pp. 552–553.
33
Buchberger (2017); Wood (1999), pp. 191–206.
34
Jewish collaboration was a well‐known theme to show the danger they posed. Cf. Sharf (1971), pp. 142–160; Bradbury
(2006), p. 514.
35
Biclar Chron. 92–94.
36
Homily by Leander at end of text Toledo III: Vives (1963), 139–144.
37
These terms were used by rabbis in discussions defining the Jewish community post‐70: Schremer (2010), pp. 11–19.
38
Vives (1963), n. 21–23, 186–248.
39
González‐Salinero (1991), pp. 123–150.
40
The Theodosian Code was a compilation of Roman Law authorized by Emperor Theodosius II in the fifth century.
41
Velásquez, I. “Jural relations as an indicator of syncretism” in Wood (1999), pp. 225–253.
42
Bradbury (2006), p. 512.
43
Toch (2005), p. 551.
44
Stocking (2008), pp. 642–658.
45
See the article by Drews on Jews as pagans, that is, representing non‐(orthodox) Christianity, based on a canon from the
third council of Seville presided over by Isidore. Jews are shown as outdated and irrelevant: a negative view of Judaism.
Drews (2002), pp. 189–207.
46
See also Drews (2002), pp. 189–207; Drews (2006), pp. 169–175; Koon and Wood (2009), pp. 793–808.
47
Toledo was the seat of royal power. Several councils were held elsewhere, for example, at Barcelona (592, 599), Merida
(633), Saragossa (592, 691), and Seville (590, 619).
48
See, for example, Stocking (2000), pp. 116–117. Only Seville III (624), canon 10 addresses Jews: Stocking (2014).
49
Fredriksen, Irshai (2006).
BODDENS HOSANG 7 of 8

50
The danger of comparison across the centuries is obvious, yet what springs to mind is one of the towns in the western
part of the Netherlands where all inhabitants are of original Dutch background today, yet the political inclination is fer-
vently far right and anti‐foreigners, whether refugees or those seeking their fortune in northern Europe, although none
are present in the area. Fear is thus fed by ideas, rather than genuine contacts.

ORCID
F.J. Elizabeth Boddens Hosang https://orcid.org/0000-0002-4821-9648

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AUTHOR BIOGRAPHY
F.J. Elizabeth Boddens Hosang received a PhD in Christian–Jewish relations in early council texts and has pub-
lished on the topic in numerous journals and books. She is currently working as a Religious Education Advisor/
Identity Advisor for Catholic elementary schools in the Leiden region of the Netherlands.

How to cite this article: Boddens Hosang F.J.E. Jews in 6th and 7th century legal texts from Spain and Gaul:
A few observations. Religion Compass. 2018;e12290. https://doi.org/10.1111/rec3.12290